Can I draft my own Contracting Out Agreement (Pre-nup)?

I have seen Contracting Out Agreements from clients who have drafted it themselves and they have done a pretty good job but there are always clauses that they wouldn’t have thought of or the clauses are drafted a little ambiguous which could cause a lot of problems later on.

 

Relationship property lawyers have read all the recent cases which means we are aware of all the things that should be included into an agreement to fully protect you. This is not something that you or even lawyers who don’t specialize in relationship property could possibly know.

 

There are also certain requirements under the Property (Relationships) Act that must be fulfilled for the Contracting Out Agreement to be binding. One of those requirements is that the Contracting Out Agreement must be certified by a solicitor that you have been given independent advice on the effects and implications of the Pre-nup and how far it deviates (if any) from the Act. It is usually easier and faster (an ultimately cheaper for you) for me to advise you when I have drafted the Contracting Out Agreement myself than reviewing an agreement already drafted.

 

I have had Contracting Out Agreements come to me that have been drafted by lawyers who don’t specialize in relationship property law and it’s actually faster and easier for me to start again and draft the Pre-nup myself than to try and fix it. It’s not because the other lawyer is not a good lawyer, it’s just that relationship property is not their field of expertise. I wouldn’t attempt to draft documents for areas of law that I’m not an expert in because I know that I would miss something important.

 

So, if you need a Contracting Out Agreement, I recommend getting a lawyer who specialises in relationship property to draft the agreement for you.  It could save you a lot of heartache in the future.  It will also put your mind at rest knowing your future financial security is taken care of should your relationship end.